❓ Hon Paul Llewellyn questions the Minister for Planning and Infrastructure about an illegally constructed gravel road on a mining lease, its legal status, safety concerns, and responsibility for accidents. The Minister's response clarifies the road's 'common law' status and defers responsibility to the City of Kalgoorlie-Boulder.
AnsweredQoN 3219Legislative Council
QuestionView source ↗
I refer to question on notice No. 2510 of October 20 2004, and the answers provided concerning a gravel road illegally constructed on Mining Lease 26/261 (owned by Barrick Gold and Newmont Mining operated by KCGM) as an extension to Sutherland Street, crossing old Kanowna Road and intersecting with Yarri Road near the Ninga Mia Aboriginal Community -
(1) Can the Minister explain why the Mines Department did not provide a clearance for a portion of the road to become a gazetted road?
(2) If no to (1), why not?
(3) Can the Minister quote the text of the specific request in 1983 from the Shire of Boulder to create a portion of the road as a gazetted road?
(4) If no to (3), why not?
(5) Will the Minister table a copy of the letter of request in 1983 from the Shire of Boulder to create a portion of the road as a gazetted road?
(6) Since November 2004 until the present date, has the Department of Planning and Infrastructure been able to clarify the historical use or otherwise of the balance of the road, as a road used by the public?
(7) If no to (6), why not?
(8) If yes to (6), what was the specific outcome if any?
(9) Can the Minister state how does the legal status of the road become determined?
(10) If no to (9), why not?
(11) Will the Minister/Department immediately direct that this road be closed immediately, given that it is not a legally gazetted road, and being a safety concern and dust hazard for nearby residents since the question was first asked in October 2004?
(12) If no to (11), why not?
(13) Can the Minister explain why the Department has now tolerated and permitted since October 2004, an illegally constructed road to pass through a Mining Lease and to intersect with legally gazetted roads without any traffic signage for speed, stop signs or give way signs whatsoever?
(14) If no to (13), why not?
(15) Is KCGM, Barrick or Newmont responsible for any accidents which may occur on this illegally constructed road on their Mining Lease 26/261?
(16) If no to (15), why not?
(1) Can the Minister explain why the Mines Department did not provide a clearance for a portion of the road to become a gazetted road?
(2) If no to (1), why not?
(3) Can the Minister quote the text of the specific request in 1983 from the Shire of Boulder to create a portion of the road as a gazetted road?
(4) If no to (3), why not?
(5) Will the Minister table a copy of the letter of request in 1983 from the Shire of Boulder to create a portion of the road as a gazetted road?
(6) Since November 2004 until the present date, has the Department of Planning and Infrastructure been able to clarify the historical use or otherwise of the balance of the road, as a road used by the public?
(7) If no to (6), why not?
(8) If yes to (6), what was the specific outcome if any?
(9) Can the Minister state how does the legal status of the road become determined?
(10) If no to (9), why not?
(11) Will the Minister/Department immediately direct that this road be closed immediately, given that it is not a legally gazetted road, and being a safety concern and dust hazard for nearby residents since the question was first asked in October 2004?
(12) If no to (11), why not?
(13) Can the Minister explain why the Department has now tolerated and permitted since October 2004, an illegally constructed road to pass through a Mining Lease and to intersect with legally gazetted roads without any traffic signage for speed, stop signs or give way signs whatsoever?
(14) If no to (13), why not?
(15) Is KCGM, Barrick or Newmont responsible for any accidents which may occur on this illegally constructed road on their Mining Lease 26/261?
(16) If no to (15), why not?
AnswerView source ↗
Answered
5 April 2006
Responded by
Parliamentary Secretary to the Minister for Planning and Infrastructure
Response time
125 days
(3) - (5) Yes. A copy of the Shire of Boulder original request dated 6 July 1983 to the Department of Lands and Surveys is tabled as requested. (6) - (8) Since November 2004, the Department for Planning and Infrastructure has focused on discussions with the City of Kalgoorlie - Boulder for the road to be dedicated under the Land Administration Act 1997. During those discussions, Council has expressed the view that the road is a common law road that is open to and may be used by the public. (9) - (10) The dedication of a road can occur under the processes provided by the Land Administration Act 1997. The legal status of a road as dedicated at common law is a determination to be made by a court. (11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(6) - (8) Since November 2004, the Department for Planning and Infrastructure has focused on discussions with the City of Kalgoorlie - Boulder for the road to be dedicated under the Land Administration Act 1997. During those discussions, Council has expressed the view that the road is a common law road that is open to and may be used by the public. (9) - (10) The dedication of a road can occur under the processes provided by the Land Administration Act 1997. The legal status of a road as dedicated at common law is a determination to be made by a court. (11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(9) - (10) The dedication of a road can occur under the processes provided by the Land Administration Act 1997. The legal status of a road as dedicated at common law is a determination to be made by a court. (11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(6) - (8) Since November 2004, the Department for Planning and Infrastructure has focused on discussions with the City of Kalgoorlie - Boulder for the road to be dedicated under the Land Administration Act 1997. During those discussions, Council has expressed the view that the road is a common law road that is open to and may be used by the public. (9) - (10) The dedication of a road can occur under the processes provided by the Land Administration Act 1997. The legal status of a road as dedicated at common law is a determination to be made by a court. (11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(9) - (10) The dedication of a road can occur under the processes provided by the Land Administration Act 1997. The legal status of a road as dedicated at common law is a determination to be made by a court. (11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(11) - (12) No decision will be made while the city continues to investigates its' position with respect to dedication of the road. (13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(13) - (14) In light of the City of Kalgoorlie-Boulder's expressed view that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
that the road is a "common law" road, and as "otherwise unvested facility" under Section 3.53 of the Local Government Act 1995, the City of Kalgoorlie-Boulder is responsible for the control and management of the road. If Council has any in regard to the need for any regulatory sign control on any public road, it may approach Main Roads for an assessment of such need. (15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
(15) - (16) If the road is regarded as a common law road, liability for any accident occurring on the road will depend upon the circumstances of each case. It is not possible to comment on whether KCGM, Barrick or Newmont would be considered responsible for an accident occurring on the road, without information as to the nature and circumstances of such an accident.
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